The arbitrability of intellectual property disputes in China: a comprehensive study in an evolving landscape
Qiyao Dong
What the paper says
Amid the significant increase in intellectual property disputes involving Chinese parties over the past decade, driven in part by the Belt and Road Initiative, this paper provides a rigorous analysis of the arbitrability of intellectual property (IP) disputes under China’s legal framework. Particular attention is given to non-contractual disputes, where existing legislation and judicial practice remain ambiguous and academic debate continues to evolve. One of the main points of contention is whether disputes over personal IP rights infringement and IP validity fall outside the scope of arbitration as defined in Article 3 of China’s Arbitration Law. This paper challenges the assumption that a wide exclusion is necessary, contending that innovative legal and procedural mechanisms can adequately address public policy and enforcement issues. It concludes that, aside from personal rights infringement disputes (unless limited to purely financial claims) and cases involving the China National Intellectual Property Administration as a party, most IP disputes should be regarded as arbitrable in the existing legal framework.
Evidence weight
Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40
| F · citation impact | 0.50 × 0.4 = 0.20 |
| M · momentum | 0.50 × 0.15 = 0.07 |
| V · venue signal | 0.50 × 0.05 = 0.03 |
| R · text relevance † | 0.50 × 0.4 = 0.20 |
† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.